Can a federal court remand this case?

Policy reasons fully support remanding this case in order to resolve the factual dispute underlying the district court's conclusion regarding cause. The costs of federal habeas review are quite high when a prisoner's appellate default has prevented him from obtaining adjudication of his constitutional claim in the state's highest court. These costs include reducing the finality of litigation and frustrating the state's power to punish offenders while adhering to constitutional safeguards. See Carrier, 477 U.S. at 487, 106 S.Ct. at 2645. Before conducting federal habeas review of a state court conviction, a federal court should resolve relevant factual disputes, including those concerning cause, rather than doing the "best [it can] with whatever scanty materials [are] before [it]." United States ex rel. Mitchell v. Follette, 358 F.2d 922, 928 (2d Cir.1966). Sometimes, as in this case, the district court will need to conduct an evidentiary hearing and find certain facts in order to determine whether a petitioner has established cause by demonstrating that prison officials made compliance with the state procedural rule "impracticable." See Carrier, 477 U.S. at 488, 106 S.Ct. at 2646.